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The appellant, born January 6, 1996, is a citizen of China. On November 5, 2012 he applied for entry clearance for the purposes of settlement as a child of a person settled in the United Kingdom.
The respondent refused his application on January 11, 2013 on the basis he/she was not satisfied:
b. The father (sponsor) had sole responsibility for his upbringing and there were serious and compelling family or other considerations which made his exclusion undesirable.
On January 28, 2013 the appellant appealed under Section 82(1) of the Nationality, Immigration and Asylum Act 2002. The respondent reviewed the application in light of further evidence on August 28, 2013 but maintained the refusal.
The matter was listed before Judge of the First-tier Tribunal Carroll (hereinafter referred to as �the FtTJ�) on February 25, 2014 and in a determination promulgated on March 5, 2014 he dismissed the appeal on the sole ground he was not satisfied there was adequate accommodation. He accepted the appellant was related as claimed and as both parents were now living in the United Kingdom there was no longer any issue about the appellant�s father having to have sole responsibility or any need to find serious and compelling family or other considerations which made his exclusion undesirable.
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